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Questions Answered by Terrence H Thorgaard
2 Answers | Asked in Tax Law and Business Formation for Florida on
Q: Hello I live in Pinellas County Florida. I'm looking into starting my on business.

I would like my personal taxes and my business taxes to be seperate. Which entity would I create my business as?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 7, 2024

You should probably consult with an accountant regarding any tax advantages, but in general you might want to form a limited liability company (LLC). As the title suggests, that would limit your personal exposure to liability, to some extent.

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1 Answer | Asked in Contracts for Florida on
Q: If my name is on a deed to a house in Connecticut, can it be sold without my signature?

I looked the house up on line and seems my name is not there as Co owner....is that not illegal to take my name off the deed without my knowledge?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 24, 2024

Perhaps someone forged your identity. But you should contact a Connecticut attorney to look into it.

2 Answers | Asked in Estate Planning for Florida on
Q: DOES SOMEONE WHO MOVED TO FLORIDA BUT ONLY HAS ASSETS IN PUERTO RICO NEED TO ABIDE BY FLORIDA INHERITANCE LAWS OR ONLY P
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 24, 2024

It's unclear what you mean by "abide by". If you are a Florida resident, and you want to write your will, it should be written according to Florida law, but an "ancillary" probate case may have to be filed in Puerto Rico.

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1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue JCPENNEY for selling fake Jewelry?

My husband spent almost $400 on what he believed was sterling silver Jewelry set as a birthday gift for me. The day after my birthday I brought it to jcpenney because the ring needed to be resized. I was told I needed to send the entire set in together in order for the ring to be resized. So... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2024

You probably should contact the attorneys for the plaintiffs in the class action lawsuit.

3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: In a partition act, what if one owner files for bankruptcy before the partition act was filed?

The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 19, 2024

You would have to file a complaint for partition with the bankruptcy court, as an "adversary case".

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1 Answer | Asked in Family Law for Florida on
Q: My ex-husband signed for a loan during marriage. I did not sign. He's in prison and trying to add my name to this loan

In divorce decree states I am to pay even tho I did not sign. What do I do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

If that's what the divorce decree provides, you are obligated to pay according to the decree.

3 Answers | Asked in Uncategorized for Florida on
Q: Traffic

I was driving to day was upset I was sitting at a stop sign and this lady honked her horn a lot and so she drove around me so I got upset and honked my horn and drove close to her car and at the next stop sign she stopped at the stop sign got out and took a pic of my license plate I didn’t get... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You neglected to ask a question, but it's not against the law to honk back at another driver.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Do I have to have a separate room for my daughter in order to win custody. Currently temp time share. Want sleepovers.

I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You should believe what your attorney tells you; or get another attorney.

3 Answers | Asked in Probate for Florida on
Q: If a spouse dies and they have credit card debt, who is responsible for paying if only the spouse is on the card?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 10, 2024

The dead spouse's estate is responsible, not the surviving spouse.

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2 Answers | Asked in Civil Litigation, Child Support and Family Law for Florida on
Q: Can my wages be garnished if I am a 1099 employee making less than 750 per week. My gross was 33K and AGI is 21K for 23

I am also a stage 4 cancer patient with two children living with me ages 16 and 14

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 10, 2024

If you provide the majority of the support for the children, your wages would be exempt. You must file the claim of exemption within 20 days of receiving notice that your income has been garnished.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Bank subpoenas served. Attorney and I are parting ways. Do I still receive the information?

Is the subpoena information (discovery) belong to me?

Thank you

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 9, 2024

At the hearing on the attorney's motion to withdraw from the case, ask the judge to order the attorney to give you the information.

1 Answer | Asked in Contracts for Florida on
Q: Hi there I have a question, my husband has put an offer on a ranch, and Put our house for sell, I have not signed any

Documents, and we have a closing on Friday, I do not want to sell my house and I do not want to move. What are my legal rights? Thank you Carlie Gintoli.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 7, 2024

If you don't want to sell, don't sign anything at the closing.

2 Answers | Asked in Probate for Florida on
Q: Should I get a fl attorney during probate in Missouri.?

I am bio daughter living in FL and mother passed 4 days ago. Brother in Missouri has taken executor roll from my Aunt whom was named by mother 1st. I am getting very minimal information except that her estate is larger amd more complex than thought. Several ins policies and banks ect. Should I get... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 7, 2024

You should contact an attorney licensed to practice in Missouri.

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Can I file a claim with the carrier if I was refused a bill of lading?

I shipped my car from state to state. At the time of picked up there driver did not provide any Bill of lading to be signed. When the carrier dropped the car off, there was damages to the car. The driver refused to provide a sign bill of lading. Can their insurance company refused my claim as the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 4, 2024

The fact that the shipper did not give you written acknowledgement of the damage doesn't absolve your insurance company of liability. An affidavit from you should be sufficient.

1 Answer | Asked in Libel & Slander for Florida on
Q: Is it slander to post my address on a sign on a telephone pole calling me names?

I'm an owner of some dogs that got loose from my yard and attacked a dog that a lady was walking when the road. Her and I were in contact after it happened and she at first told me she didn't want money but I could give her stuff of my that were equal the amount of money she spent at the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 3, 2024

Technically, it would be libel (written defamation), not slander. While you don't believe you were careless, she probably is entitled to think so, and thus to inform people of that opinion. And no, it's not illegal to warn people that your address is nearby.

1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for Florida on
Q: Is a person who receives a 1099 as an independent contractor. Liable For non compete by law? I did sign one

I had my own LLC while working for the company.

In question also own my own vehicle. It is a taxi driving job. I have my own car and my own business license. Period I just paid them part of my wages for dispatch services that's it

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

Yes, if you signed a non-compete agreement, your LLC would be precluded from competing with the other party.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Dog liability while staying with a family member.

I am staying with my dog at a family members residence. They are now asking me to get rid of my dog or find some sort of paperwork to ensure they are not liable for my dog. We will be moving in a couple of months and my dog is apart of our family. Looking for any guidance on how to find some... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

You could sign an indemnification and hold-harmless agreement, but that would only do your relatives' any good if you have the assets to satisfy any potential liability. It might be better to acquire liability insurance in an amount acceptable to your relatives.

1 Answer | Asked in Medical Malpractice for Florida on
Q: What is a reasonable settlement expectation for provable wrongful death and medical malpractice?

I am engaging in a lawsuit against a nursing home. It's about as provable as it gets. I have supporting evidence and expert testimony to present. I have secured a tier 3 MMP attorney. I just want an idea of what I'm walking into. I know only appx 30% of suits are successful and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2024

You should ask your attorney.

1 Answer | Asked in Criminal Law for Florida on
Q: Good evening, what exactly does it mean when you have a search warrant issued for a property suspected to be yours and i

I can’t find the case anywhere case number or agency number They sent a sheriff and police to a facility and pulled out non-storage media devices which is what the warrant says they were supposed to be looking for evidence of vehicles but they definitely didn’t find any vehicles and I haven’t... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2024

The "ninth judicial court circuit" is a Florida state appellate court, not federal court. Yes, of course you should find a lawyer.

1 Answer | Asked in Estate Planning for Florida on
Q: My parents have a life estate property and I'm the remainderman. One parent dies. Do I get a 50% step up in basis?

Two people have a life estate,one dies. Does the remainderman get a 50% step up in basis if you sell it before the other life tenant dies?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2024

If you sell your remainder, you might possibly get capital gains treatment including a stepped-up basis, but you should probably ask your income tax professional.

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